Compensation awards: Employment tribunal round-up
We look at four employment law cases where the employee was successful and the tribunal ordered the employer to pay substantial compensation in three of them.
Implications for employers
- Compensation awards for discrimination are unlimited. Compensation for unfair dismissal consists of a basic award and a compensatory award, which are subject to a statutory maximum amount.
- The key to successful succession planning is to plan for it before it becomes a business necessity, and to communicate the process widely and transparently throughout the organisation.
- Employers must make it clear to all staff that comments related to an employee's age, or indeed any protected characteristic, are strictly off-limits in the workplace as they can amount to discrimination.
- Where a potential disciplinary matter has arisen, an investigation must be conducted into the background and surrounding circumstances to gather all the relevant facts, including the employee's version of events.
- Employers cannot escape the consequences of the discrimination legislation by labelling a dismissal as a redundancy when the real reason is because the employee is pregnant.
- Employers should avoid asking job applicants personal questions during the interview and any part of the recruitment stage, such as about their marital status, children and childcare arrangements, and actual or potential pregnancy.
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